This is the Complaints procedure of the company Drivalia Lease Czech Republic s.r.o., with registered office at Bucharova 1423/6, Prague 5 - Stodůlky, 158 00, Czech Republic, Company Registration Number (IČO): 636 71 069, VAT No. (DIČ): CZ63671069, registered entry in the Commercial Register kept by the City Court in Prague, section C, enclosure 37940, entry dated June 7th, 1995 (hereinafter referred to only as „Provider" or „Seller").
This Complaints procedure governs the process of filing complaints and subsequent communication between the Client and the Provider in cases where the Client believes that the Provider has failed to comply with the terms and conditions agreed in the contract or with obligations arising from generally binding legal regulations.
This Complaints procedure is divided into three parts:
(rules for claims concerning faults in accounting documents, faults in the content of the Report on the condition of the vehicle state and assessment of its damages, and faults in the financial estimate of excessive wear and tear of the vehicle)
1. General provisions
1.1. As part of providing Leasing, the Provider shall, among other things, issue, prepare, or execute and subsequently make available or deliver to Clients:
1.2. The Client may file a complaint about a fault in the content of a Tax document or a Report on vehicle state (jointly also referred to only as "Documents") with the Provider in the time frame and in the manner specified in this Complaints procedure.
1.3. If the client files a complaint using a different procedure, the provider will review the client's complaint and, generally, reject it.
2. General rules for filing complaints
2.1. The Client shall claim any fault in the content of the Documents with the Provider without unnecessary delay after the relevant Document has been made available or delivered to him.
2.2. The Client shall claim any fault in the content of the Documents with the Provider in one of the following ways:
2.3. When filing a complaint about a fault in the content of any of the Documents, the Client is obliged to state what is considered to be incorrect in the content of the Documents and what kind of correction of the content of any of the Documents is required from the Provider.
2.4. The Provider shall register the Client's complaint and assign a reference number to it.
2.5. The Provider shall assess the Client's complaint without unnecessary delay and inform the Client whether it is rejected or whether it is accepted, to what extent, and how it will corrected.
3. Special rules for filing complaints
3.1. The Client is obliged to claim any fault in the content of the Tax document with the Provider no later than 5 (in words: five) working days from the date, on which the Tax document was delivered to the Client. The Provider will generally reject any complaint regarding a fault in the Tax document made after this deadline. In the complaint, the Client is obliged to state, in particular, the number of the Tax document and the items of content that are considered to be defective.
3.2. The Client is obliged to file a complaint regarding the assessment of excessive wear and tear of the vehicle according to the contents of the Report on the condition of the vehicle state to the Provider no later than the next working following the day on which the Provider made the Report available to the Client and allowed the Client to get acquainted with its contents. The Provider will generally reject any complaint regarding the assessment of excessive wear and tear according to the Report on the condition of the vehicle state filed after this deadline. In the complaint, the Client is obliged to state, in particular, the registration number of the vehicle in question and the items in the Report that are considered to be defective. The Client is obliged to provide the necessary cooperation for the verification of the complaint and, if necessary, to submit documents proving the facts alleged by him. Otherwise, the deadlines shall be extended accordingly by the time during which the Client failed to provide the required cooperation.
3.3. The Client may no later than the next working day following the day on which the Provider made the Report on the condition of the vehicle state available to the Client, request the Provider, as part of a complaint regarding the Report, to perform an inspection of the vehicle in question by himself in order to verify the factual content of the Report on the condition of the vehicle state. In such case, the Client is obliged to carry out the inspection of the vehicle in question at the Provider's return location at his own expense within 5 (in words: five) working days from the date on which the Provider made the Report on the condition of the vehicle state available to the Client. If the Client does not carry out an inspection of the vehicle, the Provider shall assess the Client's complaint primarily on the grounds of the content of the Report on the condition of the vehicle state.
3.4. If within the period specified in Article 3.3. of this Part A of the Complaints procedure, the Client simultaneously notifies the Provider of his intention to arrange a counter-assessment of the technical condition of the vehicle in question to be carried out for the purpose of verifying the content of the Report on the condition of the vehicle state, the Provider shall only accept an assessment prepared in accordance with the rules set out in this Complaints procedure and submitted by the Client within 30 (in words: thirty) days from the date on which the Client duly file a claim to the Provider about a fault in the content of the Report on the condition of the vehicle state. If the Client does not notify the Provider of their intention to arrange a counter-assessment to be prepared, or if he does not submit the assessment to the Provider within the specified period, the Provider will not, as a rule, take into account any unannounced or late assessment when assessing the complaint, will evaluate the complaint, and will generally reject any unjustified complaint.
3.5. If the Client files a claim about a fault in the Report on the condition of the vehicle state within the period specified in Article 3.2. of this Part A of the Complaints procedure and if the Client submits to the Provider (in accordance with Articles 3.3. and 3.4. of this Part A of the Complaints procedure) a counter-assessment (expert opinion) on the financial evaluation of excessive wear and tear of the vehicle in question, prepared by an expert in the field of economics, pricing and estimates, motor vehicles, and general engineering, the subject of which will be the assessment of the vehicle defects in question in accordance with the rules agreed between the Client and the Provider in the lease agreement, i.e., in particular, in accordance with the Provider's manual for returning the Vehicle (also referred to as the Rules for passenger vehicles - Fair Wear & Tear and Rules for commercial vehicles - Fair Wear & Tear), and at the same time, such assessment is prepared using the GT MOTIVE Estimate system application and databases, AUDATEX or EUROTAX system, in the version valid as of the date of preparation of the Report on the condition of the vehicle state, the Provider may accept the financial assessment of excessive wear and tear of the vehicle in question according to the opposing assessment without further ado and will generally assess the Client's complaint on the grounds of this opposing assessment.
3.6. The Provider hereby informs the Client that if the deadline set by the Provider for submitting a request for an inspection of the vehicle in question and notification of the intention to prepare a counter-assessment for the purpose of verifying the accuracy of the content of the Report on the condition of the vehicle state as set forth in Article 3.3. of this Part A of the Complaints procedure expires in vain, the Provider shall offer the vehicle in question for sale to third parties and, after the expiry of this period, the Provider shall generally be unable to allow the Client to have the vehicle in question inspected due to its purchase by a third party.
1. Preamble
1.1. The Provider, acting as the Seller, is among other things a provider of operational leasing for motor vehicles and, as part of its business activities, the Provider offers used motor vehicles from its own ownership (hereinafter referred to only as "Vehicles") for sale to third parties (hereinafter referred to only as "Buyers"). The subject of this Complaints procedure is the definition of the recommended procedure for the Buyer when claiming a defect in a Vehicle (hereinafter referred to only as "Complaint") and determination of the Seller's procedure for handling Complaints.
1.2. When selling Vehicles, the Seller does not provide the Buyer with a warranty for the quality of the Vehicle pursuant to Section 2113 of Act No. 89/2012 Coll., of the Civil Code, in its current and valid version (hereinafter referred to only as "Civil Code")
1.3. The Seller is liable for defects in the Vehicle in accordance with generally binding legal regulations within the scope of Section 2099 and further of the Civil Code. If the Buyer is considered a consumer within the meaning of the Civil Code at the time of purchase of the Vehicle, i.e. the Buyer is not an entrepreneur or it was clear at the time of conclusion of the purchase contract that the purchase contract was not concluded in connection with the Buyer's business activities (hereinafter referred to only as "Consumer"), the Seller shall be liable for defects in the Vehicle in accordance with generally binding legal regulations within the scope of Section 2158 and further of the Civil Code.
2. General provisions
2.1. When purchasing a Vehicle, the Buyer fully acknowledges and understands that the Seller sells used Vehicles from its own property and therefore, in accordance with the provisions of the Civil Code, is not liable for defects:
2.1.1. corresponding to the extent of use or wear and tear that the Vehicle had at the time of its acceptance by the Buyer;
2.1.2. which arose from the use of the Vehicle after its acceptance by the Buyer;
2.1.3. which the Buyer was expressly made aware of by the Seller at the latest upon taking delivery of the Vehicle;
2.1.4. which the Buyer knew about or which the Buyer should have known about with the exercise of due care at the time of concluding the purchase agreement, based on an inspection of the Vehicle during its acceptance from the Seller during a test drive, if the Buyer requested such a test drive from the Seller;
2.1.5. which the Buyer caused by his own actions.
2.2. In order to thoroughly check the technical condition of the Vehicle and to minimize the possibility of Vehicle defects, the Seller shall arrange a professional inspection and check of the technical condition of the Vehicle and he shall allow the Buyer to inspect the Vehicle at the Seller's premises in the presence of a third party authorized by the Buyer to inspect the Vehicle and in the presence of a professionally trained employee of the Seller.
3. Filing a complaint
3.1. The Buyer shall file a claim about the Vehicle with the Seller without unnecessary delay after discovering the Vehicle defect.
3.2. The Buyer shall file the claim about the Vehicle with the Seller using the form available on the Seller's website.
3.3. If the Buyer is a Consumer, he can file the claim about the Vehicle with the Seller using the form available on the Seller's website, by sending an electronic message to the Seller's data box and also in person at any of the Seller's establishments.
3.4. In the Complaint about the Vehicle, the Buyer shall specify the Vehicle to which the Complaint relates and shall describe the defect that has occurred in the Vehicle, i.e., describe the defective part of the Vehicle or describe the manifestation of the detected defect in the Vehicle so that the Seller can assess the defect in the Vehicle or propose the procedure necessary for the immediate assessment of the claimed defect in the Vehicle. The Buyer is obliged to provide the cooperation necessary to verify the complaint and, if necessary, to provide documents proving the facts claimed by him and to specify his requirements regarding the reason and amount. Otherwise, the deadlines shall be extended accordingly by the time during which the Buyer failed to provide the required cooperation.
3.5. When filing a Complaint, the Buyer shall specify what kind of correction is required in connection with the Vehicle Complaint pursuant to the Civil Code.
3.6. The Seller shall register the Buyer's complaint and assign a reference number to it, which will be communicated to the Buyer.
4. Complaint handling
4.1. The provisions of Article 4 of this Part B of the Complaints procedure shall not apply to cases of Vehicle Complaints made by Consumers.
4.2. If the Vehicle Complaint is not sufficiently specific, i.e. the Seller is unable to assess the existence of a defect in the Vehicle and its liability for the reported defect on the basis of the Vehicle Complaint, the Seller shall immediately, usually within 3 days of receipt of the Complaint, request the Buyer to supplement and clarify the Complaint.
4.3. The Seller shall assess the Complaint without unnecessary delay and, in technically simpler cases, shall inform the Buyer generally within 3 days of receipt of the Complaint whether the Vehicle Complaint is rejected or whether it is accepted, and to what extent.
4.4. If the assessment of the Vehicle Complaint requires a professional inspection of the Vehicle, in particular a professional inspection at a service center, the Seller shall immediately inform the Buyer thereof and agree with the Buyer on the procedure for arranging a professional inspection of the Vehicle. If the Vehicle is roadworthy and capable of being operated on public roads, the Seller shall agree with the Buyer on the delivery of the Vehicle to a service center designated by the Seller. If the Vehicle is not roadworthy, the Seller shall agree with the Buyer on the towing of the Vehicle to a service center designated by the Seller.
4.5. The Seller shall assess the Vehicle Complaint in cases pursuant to Article 4.4. of this Part B of the Complaints procedure on the basis of the technical report from the service center and shall inform the Buyer generally within 3 days of the delivery of the expert technical report whether the Vehicle Complaint is rejected or whether it is accepted, and to what extent.
4.6. If the Seller accepts the Vehicle Complaint in full or in part, he shall immediately satisfy the Buyer's claim arising from the Vehicle defect, in particular by ensuring that the Vehicle defect is remedied at the Seller's expense.
5. Consumer complaint handling
5.1. The provisions of Article 5 of this Part B of the Complaints procedure shall apply exclusively to cases of Vehicle Complaints made by Consumers.
5.2. The Seller shall issue the Consumer a written confirmation of when the Consumer filed the Complaint, the subject of the Complaint, and the method of handling of the Complaint requested by the Consumer.
5.3. The Seller, or an employee authorized by the Seller, shall assess the Vehicle Complaint immediately and inform the Consumer whether the Vehicle Complaint is rejected or whether it is accepted, and to what extent.
5.4. In more complex cases where a professional inspection of the Vehicle is necessary for the purpose of assessing the Complaint, the Seller shall arrange such an inspection of the Vehicle to be carried out at a service center designated by the Seller or shall agree with the Consumer on the delivery of the Vehicle to a service center designated by the Seller for the purpose of carrying out a professional inspection of the Vehicle. In this case, the Seller shall assess the Complaint on the basis of the technical report of the service center, and within three working days of the date of delivery of the technical report to the Consumer, the Seller shall inform the Consumer whether the Vehicle Complaint is rejected or whether it is accepted, and to what extent.
5.5. The Seller shall handle the Consumer's Vehicle Complaint, including any repair of the Vehicle defect, without unnecessary delay, no later than 30 days from the date of filing the complaint, unless the Seller and the Consumer agree on a reasonably longer period, in particular due to the time required to arrange for a professional inspection of the Vehicle by a service center and the possible time required to repair the defect in the Vehicle.
5.6. The Seller shall issue the Consumer a confirmation of the date and method of handling the Vehicle Complaint, including confirmation of the repair and its duration. If the Vehicle Complaint is rejected, the Seller shall provide the Consumer with a written explanation of the reasons for rejecting the Vehicle Complaint.
6. Costs of complaint
6.1. In the event of a professional inspection of the Vehicle at a service center designated by the Seller, the Seller shall inform the Buyer, usually via e-mail, about the estimated costs of the professional inspection of the Vehicle. Upon delivery of the notification, the Buyer acknowledges the estimated costs of the professional inspection of the Vehicle.
6.2. If the Seller accepts the Vehicle Complaint as a whole or partly, the Seller shall bear all costs of the Vehicle Complaint to the extent to which it has been accepted.
6.3. In the event that the Seller rejects the Vehicle Complaint as a whole or partly, the Buyer acknowledges that the Seller is entitled to claim reimbursement from the Buyer for the costs that the Seller necessarily and effectively incurred in order to assess the Vehicle Complaint, in particular the necessary and effectively incurred costs for towing the Vehicle to a service center designated by the Seller and the necessary and effectively incurred costs for arranging a professional inspection of the Vehicle at a service center designated by the Seller.
(general rules for filing complaints in cases not covered above)
1. Preamble
1.1. The rules of this part C of the Complaints procedure shall apply to cases not covered by parts A and B above of this Complaints procedure.
1.2. The Client has the right to file a complaint about facts that are the subject of the business relationship between the Provider and the Client.
2. General provisions
2.1. The Client may file a complaint in one of the following ways:
2.2. The Client is obliged to file a complaint without unnecessary delay after becoming aware of the reason for the complaint.
3. Requirements of the complaint
3.1. The complaint must contain the following information, at the minimum:
a) Identification data that will enable the Provider to clearly assign the Complaint to a specific Client and vehicle;
b) Contact details for the purpose of obtaining additional information by the Provider;
c) Description of the circumstances, which are subject of the complaint by the Client and specification of the alleged misconduct of the Provider;
d) Copies of documents supporting the Client's claims, if such documents exist;
e) Description of the requirements that the Client asserts against the Provider within the complaint.
3.2. The Provider is entitled to reject the Complaint if the Client does not proceed in accordance with this Complaints procedure, if the Client fails to supplement the Complaint even after being requested to do so by the Provider, or if an agreement has been concluded in the matter, a final decision has been taken by the court, arbitration court, or financial arbitrator, or if proceedings have been initiated by these authorities in the subject of the Client's complaint. The Provider may also reject the Complaint if the claim asserted by the Client is time-barred, unjustified, inconclusive, asserted by an unauthorized person, or if the archiving periods have expired.
4. Confirmation of receipt of the complaint, method and deadlines for complaint handling
4.1. The Complaint is handled by an authorized employee of the Provider. The Provider will confirm receipt of the complaint to the Client.
4.2. At the Client's request, the Provider shall inform the Client in written form.
4.3. The Provider shall inform the Client about the method of handling the complaint the same way as about the acceptance of the complaint.
4.4. The Provider shall notify the Client about the outcome of the complaint investigation, whether it was justified or not, and, if applicable, the method of rectification.
4.5. The Provider shall reject the Complaint if it is unjustified or if the Client fails to provide the documents necessary for the evaluation of the claim and resolution of the Complaint at the Provider's request.
4.6. The Provider shall resolve the complaint within 30 working days of its delivery to the Provider, excluding any periods set by the Provider to the Client for the provision of additional information and documentation necessary for assessing the justification of the Complaint.
4.7. If, for reasons not caused by the Provider, the Provider is unable to resolve the Complaint within the time limit specified in Article 4.6 of this Part C of the Complaints procedure, the Provider shall inform the Client thereof and state the reasons for extending the time limit for resolving the Complaint.
5. Complaint handling
5.1. If the Client disagrees with the manner, in which the Provider has handled the Complaint, he may submit a repeat complaint and state the reasons for his disagreement with the handling of the original Complaint.
5.2. A client who is considered a Consumer within the sense of the law may assert their claims with the Financial Arbitrator based at Legerova 1581/69, 110 00 Prague 1 (through their website www.finarbitr.cz).
5.3. If the Client is considered a Consumer within the sense of the law but the Financial Arbitrator does not have decision-making authority, the Client may also contact the Czech Trade Inspection Authority at their website www.coi.cz, or an entity authorized by the Ministry of Industry and Trade at their website www.mpo.cz.
5.4. If the Client has concluded a contract with the Provider via remote communication, then the European Commission's internet portal can be used to resolve disputes, using their website www.ec.europa.eu/consumers/odr/.
5.5. The client may also turn to the competent court with jurisdiction over the matter and location.
This Complaint procedure becomes valid and effective as of January 1st, 2026.